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Original poster

To say no to my cleaner coming over Christmas?

347 replies

ettyz · 19/12/2018 14:17

My cleaner who works 5 days a week doing 6 hours a day for us and gets above the average wage for a cleaner, has said that she needs to work next week. I said no to working Monday, Tuesday, Wednesday as obviously it’s Christmas and no to Friday as I have people over. She’s obviously self employed and we are her only cleaning job, but I don’t really fancy someone cleaning when Me and dh not at work, all the kids are at home and we just want to relax without anyone in the home. She said it’s too much money for her to lose out and she won’t be able to afford to not work those days. she hates Christmas and doesn’t have any family to spend it with so was actually asking to do Christmas Day! It’s not my fault she hasn’t budgeted for it but we had told her when we first took her on in April that we don’t need her services over Christmas. Aibu to say no to her working those days next week, I don’t want to upset her. We are hosting Christmas at ours so no time when we won’t be at home next week for her to pop in and clean, plus I’m at home so I’ll be able to do it anyway!

OP posts:
olympic19 · 19/12/2018 14:26

Assuming this is real - pay her for the week and consider it her bonus. It's a good time to send goodwill out into the world.

QforCucumber · 19/12/2018 14:27

if she works solely for you and by working for you this prevents her taking other clients (which it sounds like as shes there so much) then she's not actually self employed and you need to take her on as an employee. It's false self employment and HMRC can chase you for unpaid Employers NI.

AnchorDownDeepBreath · 19/12/2018 14:27

Are you sure she's self employed?

On the face of it; if she's working 30 hours a week and you're her only customer, you may actually be her employer.

pallisers · 19/12/2018 14:28

You need to pay her for the week. If you don't you are really mean. It is as simple as that. The bonus is a separate thing.

Avrannakern · 19/12/2018 14:28

If she works full time for you, then she is not self employed. People use that as a way to avoid the responaibilites of taking on an employee so they claim the person is self employed. But from a tax point of view, you could lose and get into big trouble. Pay her for the time off.

LagunaBubbles · 19/12/2018 14:28

30 hours a week! What on earth does she do?

FruitCider · 19/12/2018 14:28

Is she genuinely self employed? I don't believe she is.

www.gov.uk/employment-status/selfemployed-contractor

Someone is probably self-employed and shouldn’t be paid through PAYE if most of the following are true:
• they’re in business for themselves, are responsible for the success or failure of their business and can make a loss or a profit
• they can decide what work they do and when, where or how to do it
• they can hire someone else to do the work
• they’re responsible for fixing any unsatisfactory work in their own time
• their employer agrees a fixed price for their work - it doesn’t depend on how long the job takes to finish
• they use their own money to buy business assets, cover running costs, and provide tools and equipment for their work
• they can work for more than one client

Someone is probably self-employed and doesn’t have the rights of an employeee_ if they’re exempt from PAYE and most of the following are also true:
• they put in bids or give quotes to get work
• they’re not under direct supervision when working
• they submit invoices for the work they’ve done
• they’re responsible for paying their own National Insurance and tax
• they don’t get holiday or sick pay when they’re not working
• they operate under a contract (sometimes known as a ‘contract for services’ or ‘consultancy agreement’) that uses terms like ‘self-employed’, ‘consultant’ or an ‘independent contractor’

Sitranced · 19/12/2018 14:29

If you can afford over £10k a year on cleaning you can afford to give her a bonus

Butchyrestingface · 19/12/2018 14:29

she’s self employed

Does she have other employment besides cleaning?

I’m self employed and have always been led to believe that if you only have one client then this is (probably) de facto employment?

LittleMe03 · 19/12/2018 14:29

Could you not give her some work to do from home? Ironing etc? She obviously wants to keep busy and as you said, has no family, so why not be a little nicer to her?

QforCucumber · 19/12/2018 14:30

did she quote you for the hours worked? If she sent someone in her place one day when she was ill would you object? Does she invoice you for hours worked? Does she decide her hours or do you specify them?

Butchyrestingface · 19/12/2018 14:30

I see others beat me to it! Xmas Grin

secondarymincepie · 19/12/2018 14:31

My cleaner who works 5 days a week doing 6 hours a day
This must be a typo, right?

Original poster
ettyz · 19/12/2018 14:31

She refused to go employed, and prefers to be self employed, she does another job after ours but it’s not cleaning.

My house is large, it’s very old and we have a lot of antiques that collect dust on so she spends a lot of times having to clean them, promise I’m not a messy cow!

OP posts:
mumeeee · 19/12/2018 14:32

OP working overtime in the New Year won't help your cleaner over Christmas week.
Her Christmas Bonus is good but you should pay her holiday pay as she is working fulltime for you

SimplyPut · 19/12/2018 14:32

Utter nonsense! Just be a decent human being and pay the woman you employ for 30 hours a week bloody holiday pay!

VI0LET · 19/12/2018 14:32

What Q for cucumber said.

You are her employer and need to pay her holidays of at least 5.6 weeks a year. And organise PAYE and NI.

I’d confess to HMRC now before she submits her tax return and they come after you.

ShadyLady53 · 19/12/2018 14:32

Yep. Doesn’t sound self-employed to me! She’s working full time hours for you so when does she take on other clients?

You are also dictating when she takes her holidays which isn’t usual in self-employment. Either you need to pay her for her holidays or let her work.

You best check things out with hmrc as I think you may be breaking the law.

Joinourclub · 19/12/2018 14:32

Have the schools broken up already?

Mickeysminnie2 · 19/12/2018 14:35

The fact that she is trying to pressure you into paying her, because let's be clear that is what she wants, having already been told 8 months ago that her services weren't needed would be enough for me to get another cleaner.

LittleMe03 · 19/12/2018 14:36

@Joinourclub they all will have by the end of this week, yes. It's Christmas Eve next Monday Hmm

Butchyrestingface · 19/12/2018 14:36

My house is large, it’s very old and we have a lot of antiques that collect dust on so she spends a lot of times having to clean them

Is anyone else’s imagination totally running away with them right now? Xmas Grin

Can I come for a visit, OP?

FruitCider · 19/12/2018 14:36

She refused to go employed, and prefers to be self employed, she does another job after ours but it’s not cleaning.

That still doesn't make her self employed if you pay her per hour and not per job. Stop being a tight git and give the poor woman her employment rights eg paid annual leave!

Mayrhofen · 19/12/2018 14:36

30 hours a week @ around £10 per hour? Wow! - so approx. £1300 per calendar month? - on cleaning?

secondarymincepie · 19/12/2018 14:36

Is she actually cleaning for all that time though? It doesn't take 30 hours every week to dust some antiques so I suspect she might be ripping you off

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